AUSTRALIAN CAPITAL TERRITORY
Magistrates Court (Amendment) Act 1990
No. 65 of 1990
TABLE OF PROVISIONS
Section
1.Short title
2.Principal Act
3.Substitution—
PART X—RESTRAINING ORDERS
196.Interpretation
197.Power to make
198.Entitlement to apply
199.Hearing dates
200.Parties—applications by relatives and police officers
201.Parties—applications involving children
202.Representation of children
203.Hearing of applications
204.Matters to be taken into account
205.Restrictions in orders
206.Consent orders
206A.Service of applications
206B.Procedure in absence of respondent
206C.Interim restraining orders
206D.Seizure of weapons
206E.Explaining proposed orders
206F.Counselling
206G.Power of Court to make orders where person charged
206H.Duration of orders
206J.Variation and revocation of orders
206K.Service etc. of orders
206L.Offence
206M.Service other than personal service
206N.Service by police officers
206P.Restrictions on publication of reports of proceedings
206Q.Appeals
206R.Application of Crimes Act
4.Jurisdiction of Supreme Court
5.Appeals to which this Division applies
6.Appeals in cases other than civil cases
7.The First Schedule
8.Amendment of Domestic Violence Act 1986
SCHEDULE
AUSTRALIAN CAPITAL TERRITORY
Magistrates Court (Amendment) Act 1990
No. 65 of 1990
An Act to amend the Magistrates Court Act 1930
[Notified in ACT Gazette S98: 24 December 1990]
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1. This Act may be cited as the Magistrates Court (Amendment) Act 1990.
Principal Act
2. In this Act, “Principal Act” means the Magistrates Court Act 1930.1
Substitution
3. Part X of the Principal Act is repealed and the following Part substituted:
“PART X—RESTRAINING ORDERS
Interpretation
“196. In this Part, unless the contrary intention appears—
‘aggrieved person’ means the person in respect of whom, or in respect of whose property, conduct or alleged conduct was engaged in;
‘child’ means a person who has not attained the age of 18 years;
‘interim restraining order’ means an order under section 206C;
‘relative’, in relation to an aggrieved person, means—
(a)a parent of the person;
(b)a child of the person who has attained the age of 18 years; or
(c)a brother or sister of the person who has attained the age of 18 years;
‘respondent’, in relation to a restraining order or interim restraining order, means the person in respect of whom the order is sought or made;
‘restraining order’ means an order under section 197.
Power to make
“197. (1) The Court may, on application and if satisfied on the balance of probabilities that—
(a)the respondent has caused personal injury or damage to property and, unless the respondent is restrained, the respondent is likely to cause further personal injury or damage to property;
(b)the respondent has threatened to cause personal injury or damage to property and, unless the respondent is restrained, the respondent is likely to carry out the threat; or
(c)the respondent has behaved in an offensive or harassing manner;
make an order restraining the respondent from 1 or more of the following:
(d)causing personal injury or damage to property;
(e)threatening to cause personal injury or damage to property;
(f)behaving in an offensive or harassing manner;
and may impose 1 or more of the prohibitions and conditions specified…